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Wednesday, June 30, 2010

Protection From Debt Collectors: Part 5

Protection From Debt Collectors: Part 5




This is Part 5 of a multi-part series.  Previously: Part 1 (identifying applicable Federal Law); Part 2 (allowable communications from FDCPA debt collectors); Part 3 (whether debt collectors can sue debtors/consumers); Part 4 (what information debt collectors must provide to the consumer).


How to Prevent Further Communications from Debt Collectors


1.  Is a verbal request by the debtor for all the calls to stop enough?


a)  No. A verbal request made by the debtor to the debt collector to "stop all calling" is not enough, although it might be enough to stop the calls       to the place of employment.


2. Is a written request to a debt collector to stop all the calls enough?


a) It should be, yes. A debtor who serves a written request/demand on a debt collector to cease all telephone communications should result in a   cessation of those phone calls.


b)  Unfortunately, some unethical debt collectors will not provide their name, address, or telephone number, thus making it difficult to file such  written requests with them.


3. Can a debtor stop the phone calls but allow written correspondence to be sent to his/her home?


a)  Legally, yes. A debtor can file the written demand to have all phone calls stop, but also state that written communications to the home address     are permissible.


4. Can a debtor demand that all communications, written and verbal, from the debt collector stop?


a) Yes, but even with such a demand, the debt collector can:


(1)  send written notice informing the debtor that the debt collection effort is stopping;

(2)  send written notice informing the debtor that other legal remedies will be pursued (such as a lawsuit being filed);

(3) send written notice informing the debtor that documents mailed from the debtor to the debt collector are considered "official" communications when received by the debt collector.

MR. MCGRATH PROVIDES ASSISTANCE AGAINST DEBT COLLECTORS BASED ON APPLICABLE FEDERAL AND/OR STATE LAW.  CLICK HERE TO FIND OUT MORE.